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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Stotty157

More Northwest Mini Centre Glossop....

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I know Chris very well and have done for many years.

Sadly it seems I'm another one of his victims.

 

I paid Chris £600 upfront in January this year to repaint my mk 4 golf anniversary.

He stated that as the body shop side of his business was quiet over winter he could do mine between other jobs and it would be done in 3-4 weeks from then.

 

Nearly 6 months later and I'm still waiting.

The car is sat in the same place I parked it back in January.

 

Last month (April) I had a talk with him and told him I wanted the car and cash back and that i would get the work done elsewhere.

 

He promised to crack on with it and days later the bumpers, lights etc were removed,

now we are back to square one with my car sat rotting away.

It's been there that long there's 3mm of tree sap caked on the car.

Chris avoids replying to my texts.

 

I've been told by a very good friend of Chris's that he has over 40 cars waiting for extensive restoration work

the majority of customers having paid upfront all to lavish Chris's lifestyle.

 

His friend admitted he doubted any of the cars would ever get done and that it was only a matter of time before he 'Did a flit' back to his belovied Cornwall.

 

His working week consists of 3 days now.

Tuesday, Wednesday and Thursday.

On Thursday evening he travels down to Cornwall returning Tuesday.

 

He's well aware of the comments on this forum and reckons most is liable and that he's tried several times to get it taken down but to no avail.

 

Posts claiming people have served court papers on him are also false according to him with most of the negative comments coming from a disgruntled ex member of staff that was sacked - the guy lives in fairy land.

 

I don't know how the guy has the brass neck to continue taking money off people.

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Yes he's still trading apparently.

Two of his customers had their cars recovered yesterday (Monday 26th) by recovery companies. Chris was no where to be seen and left it all to his business partner who looked embarrassed by the whole thing and claimed he works independantly of Chris - personally I think this is rubbish but hey ho.

There's rumours locally he's about to do a flit so act quickly !

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I have copies of court papers which were issued against him.


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Just a quick update.

 

Chris told me last week he didn't have the cash or means to finish my car and that I was welcome to pick up when I wanted too but as he had 'prepped' the car for paint, removed the bumpers, lights etc he was keeping the cash as he had technically started the work.

 

I've been told tonight that he's been caught by one of his angry customers trying to do a flit with his toolbox and some of his equipment strapped to his trailer all hooked up to his discovery.

 

The trailer/equipment have been seized by the customer until his car and cash are returned.

 

We went up tonight mainly to weigh up my Golf but there's still lots of vehicles -mainly minis in his rear yard.

 

His workshop is apparently empty with all ramps and equipment gone.

 

Can I suggest if you have vehicles still there you arrange to collect them asap.

I would imagine the unit will be quickly re-let.

 

There's a lot of very angry people locally who he owes money too including me!

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Hi,

Did you happen to see a mini pickup in any of his storage areas?

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I am just gathering everything I have to go to a solicitor on Monday, I have pictures from 2014 just before Chris picked up my mini and it is in better condition then, than it does now (3years and £2k later)

 

How have you got on regarding the solicitor?? I am keen to take action but just wonder if there's any point for a £600 debt. I have no paperwork it was a verbal agreement but I do have texts where he's told me to bring the car and money down on a certain day and he will crack on with it.

 

Interestingly a local company he owes money too is taking him individually to court and not the business as they reckon they have a better chance of getting the money back.

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Interestingly a local company he owes money too is taking him individually to court and not the business as they reckon they have a better chance of getting the money back.

 

If the company is insolvent ; it doesn't matter if you have a cast-iron case, and obtain judgment, as there is nothing to enforce against.

The hurdle they will face is in showing that he (the individual) is liable instead of the company - they may be willing to say "we'd win against the company but it'd do us no good, so we'll chance our arm against the individual" - it depends on their circumstances (they might, for example, have had a personal guarantee given, making the individual liable).

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if liquidators are going in Monday there's no point me taking him to the small claims court?

 

I just wonder given that 9 months after dropping my car off in a driveable state for a paint job it now looks like it's out of a scrap yard and will need trailerling away could i not try and go down the criminal road and have him done for fraud and criminal damage??

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So basically if liquidators are going in Monday there's no point me taking him to the small claims court?

 

As a general guide, I'd suggest a potential litigant ask themselves (if self-represented) or their legal advisor 2 questions:

a) what are my chances of obtaining a judgment, and

b) If I obtain a judgment, can I enforce it (else it becomes a hollow victory).

 

I just wonder given that 9 months after dropping my car off in a driveable state for a paint job it now looks like it's out of a scrap yard and will need trailerling away could i not try and go down the criminal road and have him done for fraud and criminal damage??

 

Fraud by false representation : you'd have to show he knowingly gave a false representation (that exposed you to a risk of loss, etc. etc. ).

Companies fail all the time, that doesn't mean it is fraud, and the level of proof for a criminal conviction is "beyond reasonable doubt" ..... so a criminal case is a possibility, but likely wouldn't happen unless there was felt to be a realistic prospect of a conviction.

 

Criminal damage?.

http://www.legislation.gov.uk/ukpga/1971/48/section/1

"A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence."

 

So he could claim that acts in preparation for improvements aren't damage....... (I'm not saying a court would agree, but he might claim it!), or that he had "lawful excuse"

 

http://www.legislation.gov.uk/ukpga/1971/48/section/5

"if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances;"

 

You agreed he could work on the car?.

If I need an extension building, and know that the builder will have to take down a wall, then the taking down of the wall isn't criminal damage : at the time of the damage the builder believes I'm entitled to consent and that I consent.

If the builder then goes insolvent and doesn't build my extension, that doesn't make it criminal damage, as the statute refers to "the time of the act".

 

What did you think he'll say he believed at the time of the act?

 

Again, to avoid a successful prosecution (or prosecution at all, as the CPS wont proceed unless there is a realistic prospect of success), all he need do is introduce "reasonable doubt"

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Thanks Stotty. You'll have to remain vigilant that he doesn't join erroneously via someone else.

 

Just tried - closed group not found :-(

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Latest update - chris has gone AWOL. Steve and Mark have taken over workshop and want all cars gone by end September. Derbyshire police very interested in this case as below. Lots of people have been defrauded.

 

People affected need to ring 101... press # for alternative station and say Derbyshire. Then get through to that constabulary (if you are not from round there).

 

You can quote this incident number and it will make a bigger case. If you can get in to make a statement then great!

 

Ex-employees / customers alike!

 

EDIT: CASE NUMBER 797250917

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